State appeals boy rapist’s short jail term

Prosecutors say a nine-month term for a NSW schoolgirl’s unrepentant rapist is “manifestly inadequate” – a move that has relieved the victim’s family.

The rapist, who cannot be named for legal reasons, was sentenced to nine months in youth detention in August after being found guilty of attacking a fellow high school pupil at a house party in the Blue Mountains.

He was ordered to serve two months before becoming eligible for parole.

The Office of the Director of Public Prosecutions on Thursday said it had lodged an appeal against the sentences “on the ground that they are manifestly inadequate”.

The boy is yet to spend a night in custody, having received bail when he lodged his own appeal on the day of his sentence.

He maintains his innocence and will attempt to overturn six convictions of sexual assault and one of intentional choking. A magistrate acquitted him of other charges at a trial in May.

The court found that after a house party west of Sydney wound down, the boy and his intoxicated victim engaged in some consensual sexual activity on a mattress in the home’s living room.

She then pushed him away and he left to drink water, only to return and begin choking and raping his victim over more than an hour.

While he’d shown no contrition, the sentencing magistrate in the Children’s Court deemed the boy’s rehabilitation prospects as “strong” based on character references and his family and social ties.

Both offender and victim cannot be identified due to their ages at the time of the offence.

The victim’s family expressed relief and gratitude that the DPP would contest the boy’s sentence, hoping it would become “far longer”.

“This young man has shown absolutely no remorse for his violent choke rape of our daughter,” the girl’s father told AAP on Thursday.

“When he was given bail, he did a victory sign in front of TV news cameras. That indicates how little remorse he has and the utter disrespect that he has for the legal system … (and) that he has little chance of rehabilitation.”

Before the rape, the girl was “supremely confident”, had the world at her feet and spent much of her time volunteering for charity and helping people.

She’s now completely different and suffers from post-traumatic stress disorder, the father said.

“Some days she struggles to get out of bed and she screams in her sleep reliving the trauma that she experienced,” he said.

The prosecution and offender’s appeals will be mentioned in Parramatta District Court on October 7.

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